HomeMy WebLinkAbout013 Existing Easements EASEMENT
FI[M 186���E41�0
KNOW ALL MEN BY THESE PRESENTS:
THIS INDENTURE, made and entered into this day of ^ ` , 1998,
by and between SUNDANCE SPRINGS DEVELOPMENT, L.L.C., a Montana limited
liability company, hereinafter for convenience referred to as 'Grantor", and CITY OF
BOZEMAN, hereinafter for convenience referred to as 'Grantee', is as follows:
WITNESSETH :
WHEREAS, Grantor is the owner of record of a parcel of real property located in
the County of Gallatin, State of Montana, and more particularly described as follows, to-
wit:
All areas designated as open space on the subdivision plat of
and for Sundance Springs Subdivision according to the
official plat thereof on file and of record of the Gallatin County
Clerk and Recorder.
WHEREAS, Grantee is desirous of obtaining an easement over, through and
across the real property of Grantor hereinabove described, and;
WHEREAS, Grantor is desirous of granting and giving an easement to Grantee for
a right-of-way, for ingress and egress, over, through and across the real property owned
by it, hereinabove described subject to the conditions hereinafter set forth.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars and other
valuable consideration ($10.00 OVC), in hand paid, receipt of which is hereby
acknowledged by Grantor, Grantor does hereby grant, convey and give unto Grantee, its
successors and assigns, an easement, for a right-of-way, for ingress and egress, over,
through and across the real property of Grantor located in the County of Gallatin, State
of Montana, as set forth and described above.
That the easement herein granted, conveyed and given shall be, and is hereby
described as follows, to-wk:
A grant of entry, access, and the dedication of an easement, or easements
as may be required, for public utility purposes for the placement and
location, maintenance, repair, and replacement of groundwater wells within
the open space areas of the subdivision as dedicated on the plat more
particularly described above for the purpose of domestic water supply
together with those structures necessary for the treatment, protection
and/or control of the water system.
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That the easement herein granted, conveyed and given is subject to each and
every one, and all of the following conditions, to-wit:
That any well or wells located and drilled on the real property, which is the
subject of this easement, shall be located and constructed so as to have
minimal visual impact within those areas designated as open space on the
plat of the subdivision above referenced and throughout the balance of the
subdivision. Further, Grantee shall restore the surface and natural
vegetation as nearly as is practicable to that state which existed prior to the
construction, installation, maintenance, repair, or replacement of the well or
wells described in this easement and all associated electrical and plumbing
service.
Any electrical supply required to maintain the operation of the well or wells
described in this easement shall be placed underground.
That the grant of the easement herein includes not only the right to build,
construct, locate, maintain, repair, and replace groundwater wells, but also
all necessary and appurtenant electrical and plumbing required for the
production of domestic water supply.
That the easement, access and rights herein granted, conveyed and given, and the
benefits and burdens thereunto attaching, shall inure to the benefit of Grantee in
perpetuity.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal as of the
day and year first above written.
SUNDANCE SPRINGS, L.L.C.
A Montana Limited Liability Company
W.'�".Z. ,&il� 14yo
Its: Managing Member
STATE OF MONTANA )
:ss.
County of GaNatin )
On this, ) _ day of , 1998, before me, a Notary Public for the State
of Montana.personally appeared y ,J'2 iC_t-i-I l� �� lia_\ ,known
to me to be the managing member of SUNDANCE SPRINGS DEVELOPMENT, L.L.C.,
a Montana limited liability company and acknowledged to me that he executed the same
pursuant to the power and authority vested in him.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal, the day and year first above written.
2� rl-� 'LL�n
i1
,,,mow► .y,, Notary Public r the St to of Montana
Residing atcz- S��
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368879
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_.______ of MISCELLANEOUS
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Recorder, fly Deputy
FEE: $12.00 PD
RT: P.C. DEVELOPMENT
4135 VALLEY COMMONS DR , STE A clieoalauoe,ncelbozaman�
BOZEMAN, MT. 59718